Bonum Certa Men Certa

Red Hat: Microsoft Marketed Its Patents for Trolls to Attack Free Software

Breaking in



Summary: Red Hat reveals details about Microsoft's marketing of anti-FOSS patents; other patent news summarised

RED Hat has already asked Microsoft to stop the patent racketeering, but Microsoft carries on with the usual FUD-based aggression while smiling and sending out PR drones like Sam Ramji [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12] and Robert Duffner. "Smiling" as in, "We need to smile at Novell while we pull the trigger," to quote Microsoft's Platform Group Vice President, Jim Allchin.



“...Microsoft may be passing some patents for them to attack Linux without it appearing too suspicious and without Microsoft seeming like an involved party.”Microsoft has some big patent trolls at its disposal and as we argued yesterday, Microsoft may be passing some patents for them to attack Linux without it appearing too suspicious and without Microsoft seeming like an involved party. It was the same with SCO. Larry Goldfarb, a key investor in SCO, said that "Microsoft wished to promote SCO and its pending lawsuit against IBM and the Linux operating system. But Microsoft did not want to be seen as attacking IBM or Linux." He also said (under oath even) that Microsoft's "Mr. Emerson and I discussed a variety of investment structures wherein Microsoft would 'backstop,' or guarantee in some way, BayStar's investment.... Microsoft assured me that it would in some way guarantee BayStar's investment in SCO."

Red Hat has just published some interesting details that are packed together right here:

Red Hat accuses Microsoft of patent FUD



[...]

Red Hat blogged that the patents acquired by OIN were being marketed by Microsoft to patent trolls.
"It also used marketing materials that highlighted offensive uses of the patents against open source software, including a number of the most popular open source packages," Red Hat blogged. "This looked to us like a classic FUD effort. To unleash FUD, you assemble a lot of patents of uncertain value, annotate them with a roadmap for the companies and products to be targeted with the patents, put the lot in the hands of trolls schooled in patent aggression, and then stand back and wait for the FUD to spread with its chilling effect."


Darryl Taft, who is sometimes sympathetic towards Microsoft, wrote about OIN's reaction. In general, there is so much interest in this from the Microsoft crowd. For example, here is Microsoft's de facto PR person (Fried) trying to set the tone and Mary Jo Foley doing likewise. Her colleague, the pro-Microsoft Gavin Clarke, opens up with the deceiving line which says: "Microsoft has placed a clutch of Silicon Graphics patents in the hands of those trying to defend Linux and open-source against trolls."

It sure makes it sound like Microsoft does something nice, doesn't it?

In the mailing lists that oppose software patents (and support their abolition), one person opined that "it just means that the patents are not worth much more than this PR stunt is for OIN..."

As a reminder from the news:

The Open Invention Network includes IBM, Cisco and HP. The group's web site states that its mission is to work for a "positive, fertile ecosystem for Linux, which in turn drives innovation and choice in the global marketplace".


Another person, whom we shall quote anonymously, argues:

Companies like IBM, RedHat, Canonical, etc. are acquiring as many patents as they can, either directly or with initiatives like OIN. From e.g. Nokia we know that what is at the beginning a defensive strategy can become an aggressive one at any time.

Maybe sooner than later the OIN members start asking 'politely' to provide free software throw them, but not independently. That would be the beginning of the end of the free software movement, and maybe what MS is looking for.

What will be better against FLOSS than to convince to as many FLOSS-players as possible that software patents are very profitable?

Will governments use Debian instead of RedHat if software patents are an issue?


Here is the original report in full and some more coverage of interest:

Microsoft Corp ( MSFT - news - people ) has suggested in recent years that companies using the Linux computer-operating system might be violating Microsoft patents. Now, in an effort to avert any legal threat that might discourage the adoption of Linux, a group of Microsoft rivals is about to acquire a set of patents formerly owned by the software giant.


More here:

# Pro-Linux group closes in on MSFT patents. The Open Invention Network, a group which supports open-source software and includes such giants as IBM (IBM) and Sony (SNE), is nearing an agreement to acquire 22 of Microsoft's (MSFT) patents in an effort to avoid any legal threats that could discourage the adoption of Linux. Microsoft has suggested in the past that the Linux operating system may violate some of its patents. The patents are currently held by Allied Security Trust, which bought the patents from Microsoft earlier this year.


Other coverage did not add much to what was already known and the secrecy surrounding the OIN helps not at all.

Why did open source group buy Microsoft patents?



[...]

As well, since Microsoft licenses some of its patents to Novell (under their patent covenant agreement), those are the patents that I see as being key. It is unlikely that Microsoft has sold any of those core patents as it would invalidate the need for part of the Novell deal.

OIN, whose members include IBM, Red Hat and other key Linux vendors is all about making royalty-free patents available to open source developers.

Whenever the OIN decides to open up and actually be OPEN and talk to more media than just the WSJ, I'm sure the full story will come out (and I'll update appropriately). Either way, this is a win for open source as it removes the risk from 22 patents to developers and users.


The risk will be properly removed (and perhaps permanently mitigated) when mathematics cannot be owned by people and companies. OIN is still legitimising software patents by taking this approach which it always takes. Maybe it's better than nothing, but the companies behind OIN have sufficient influence to challenge the very legality of such patents; unlike the FFII, they typically choose not to do this.

The truth is that some of these companies exploit software patents and use them to their own advantage because they can afford it. As the i4i case [1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11] neatly shows, big companies like Microsoft can also ignore software patents whenever it suits them. They are in control of this self-serving system. Here is the latest from i4i: "Plaintiff in Word case says that Microsoft destroyed its business"

It adds later that i4i now operates "almost entirely in the specialized niche market of the pharmaceutical industry," but notes that some of those companies have been unwilling to purchase its product because they can get the functionality within the Microsoft word-processing program.


Oracle's CEO Larry Ellison has already said that Microsoft's business strategy is to "copy the product that others innovate, put them into Windows so they can't be unplugged, and then give it away for free."

In other patent news, Glyn Moody emphasises that "intellectual monopolies [are] not [the] same as innovation," linking to this article from EurActiv. At EurActiv, they often cite the wrong people when it comes to SMBs; for instance, Jonathan Zuck (Association for Competitive Technology) fakes being a speaker for their (SMBs') interests; he is a Microsoft lobbyist.

Intel is another company that's known for its aggression with patents, but even Intel's Andy Grove can be seen once again criticising the patent system/practices. Mike Masnick points it out as follows:

Earlier this year, we wrote about a rather thoughtful analysis of the problems of the patent system by Intel founder and former CEO Andy Grove. His view was that patents separate the important part (the actual innovation) from the "asset" (the patent), and that allows for bad behavior. He compared it to mortgage-backed securities, where the underlying mortgages were completely separated from the "asset," and bad behavior ensued.


Here is another story of a company that arguably revolves around a software patent.

Aviv Refuah, the young CEO of the public Israeli company Netex Corporation, has managed to score a US patent on an internet search option developed by the company he founded that could well force major Internet search players like Google, Microsoft and Yahoo to cough up royalties for future use of the technology.

Refuah, who started the company 12 years ago when he was barely 17 years old, is careful not to overestimate the awarding of the patent and the possible outcome for now, but that didn’t stop the company’s stock from soaring yesterday.


Is licensing -- as opposed to production and servicing -- really valuable output? How about the novelty? What are the economic impacts and the effect on science and technology? These questions are rarely being asked.

Comments

Recent Techrights' Posts

The Legacy of Gerstner (Rapid Destruction) Continues at IBM
They say IBM never recovered from Gerstner, who instead of saving the companies (IBM and others he claims credit for) set up a collision course of rapid shrinkage
'Cancel Culture' Isn't About Empathy, It's About Making Good People Homeless
Seeing what they did to RMS, remember that those "concern trolls" are about everything other than ethics and morals
Daniel Pocock in The Nerve
Lots of publicity owning to the enrollment
SLAPP Censorship - Part 148 Out of 200: The Manosphere
Those people don't just threaten our national sovereignty, press, democracy etc. They also endanger women everywhere.
GNU/Linux Reaches 10% "Market Share" in statCounter
As of this morning
Voluntary' Layoffs and 'Proper' Layoffs at IBM This Year
When will IBM management confess that 15% of staff is already marked for potential removal?
 
'Voluntary' Layoffs (a Form of Silent Layoffs): Microsoft Global Voluntary Separation Agreement (GVSA) in August 2026 and September 2026
Today and yesterday
Microsoft Sees Windows on Fire, Pours Gasoline Over It
The latest move from Microsoft defies logic
Racing Towards "Woman Zero"
They don't seem to value women
Counters in Clacton Commence in 3 Hours at Clacton Leisure Centre
Even a few hundreds of votes for Pocock would be considered a great success
Swiss army to attack 2,900 domain name owners? Cult of ETH Zurich & Debian
Reprinted with permission from Daniel Pocock
IBM's Bluewashing of Confluent Carries on, More Layoffs Coming, Same Likely Applicable to Red Hat
September 30 is a day before this next phase of bluewashing at Red Hat
Headlines About Microsoft and Ransomware, But They're "SPONSORED FEATURES" at The Register MS
The Register MS habitually publishes LLM slop too
Links 13/08/2026: K-pop Suicide Due to Social Control Media, Legal Problems for Facebook Over Safety
Links for the day
Why Support Daniel Pocock
Our readers who come from IBM and the EPO are certainly familiar with the tactics of censorship and what that sort of censorship leads to
Gemini Links 13/08/2026: Health, Partial Eclipse Sketches, and Guilelessness
Links for the day
15% of IBM Marked for Potential Termination, PIPs are the "New Layoffs" (or RAs) at IBM
IBM is a dying company, but it does not want the press to say this or for people to understand that
Links 13/08/2026: "The Rise of the Measles-Industrial Complex" and Spotify Curbs Slop
Links for the day
Daniel Pocock on Australia's 9News (Nine Entertainment)
This gives visibility to software and technology issues
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 12, 2026
IRC logs for Wednesday, August 12, 2026
Gemini Links 12/08/2026: Losing a Child, "The OpenWeb Needs Diversity", and Gmail Woes
Links for the day
Links 12/08/2026: Trouble in Proprietary Chaffbot Company 'Open' 'AI' and Slop "Investors Are Suddenly Quaking in Their Boots"
Links for the day
Daniel Pocock in National News in Australia the Day of the Election
"Posted 20m ago" (Thursday in Australia), it's timed nicely to help illuminate Pocock and give him last-minute exposure
The Register MS Has Just Published Slop Spam for NVIDIA and HP, It Says "AI" 43 Times
As usual, The Register MS ought to be ashamed of itself for participating in it
The Slop Debt (Trillions of Dollars, Money That Does Not Exist) is Causing the Collapse of GAFAM et al
This slop hype will end up like "metaverse", except "metaverse" never ended up justifying trillions of dollars in "investment"
Simpler Means More Reliable
The simple old way of local storage and local backups is still the best
Clownflare and statCounter See GNU/Linux at ~8% in Norway
Norway has long championed GNU/Linux compared to the rest of Europe
Social Control Media is the Opposite of Information
That says a lot about social control media
Clacton manifesto: Reform UK hacking, leaks, raw sewage & 8GB Swiss Archive
Reprinted with permission from Daniel Pocock
statCounter Today: ChromeOS + GNU/Linux Measured at 10.98% Globally (Desktops and Laptops)
Clownflare does not quite refute this
The Register MS Has Just Published Fake Article About Replacing Linux With Proprietary Google System, "Sponsored by ASUS."
All of those things are proprietary GAFAMware
Links 12/08/2026: "X’s Advertising Business Continues to Tank", "Stop Feeding the Billionaires"
Links for the day
Lack of Empathy Rampant in the Sector
Sociopaths are sociopaths. They cannot help themselves
Before the "Big Tech" (That Almost Everybody is Forced to Use) Was Controlled by Men Who Hate Women
Such rejection and even hatred of women qualifies/enshrines oneself as an "incel"- a dangerous and violent online cult
In Defence of Hoarding CDs, More So When Digital Restrictions (DRM) Come to More 'Content' and Even Offline/Physical Media Won't Work When Some Remote Server Says "No" (or Goes Offline)
made to serve and entertain owners, not to allow companies like Sony and Microsoft subjugate owners
Clownflare: In Finland, Birthplace of Linux Kernel, GNU/Linux Now Bigger Than Apple's MacOS
It's not just in Finland where we see such trends
More Mass Layoffs Due to Monumental Debt Excused as "Investment" (in Slop)
They're maxing up the private debt and their country is already insolvent
METRO Interviews Daniel Pocock a Day Before Election
The article is behind a wall that blocks people who block ads
Enshittification More Than a Century Ago
Is enshittification more than a century old?
GNU in 1991 (35 Years Ago): Compiler and Lots More Ready, Linux Now Becoming 'Vibe Heap' (Slop Replaces Real Code)
Without curbs in place, many Linux developers will flee
Company-Wide 'Reorg' ('Redundancies') at IBM, Mark October 1st 2026 in the Calendar
Is Oct 1 the new Apr 1?
SLAPP Censorship - Part 147 Out of 200: The SLAPP Series is 'Slow' Because Timing Matters
It is important to stress that after this series is finished there will be many more series, with some of them showing raw evidence of what we've been illuminating and telling
Even ZDNet Accepts That "Market Share" of GNU/Linux May Have Doubled on Desktops and Laptops
GNU/Linux is definitely growing, and quite quickly in fact
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, August 11, 2026
IRC logs for Tuesday, August 11, 2026
Microsoft Layoffs and Shutdowns Continue This August, Morale Low, Employees Set Up Giant Inflatable Rat to Protest Against CEO
nothing demonstrates their anger better than what they did to the CEO
Gemini Links 12/08/2026: Sophomore Slump, Mandatory Phone Addiction, and Vintage Web Game Gallery
Links for the day
Summer Layoffs and 'Redundancies' (Cost-Cutting) at Microsoft and IBM
IBM is merely buying its revenue - an unsustainable strategy that aims to hide the company's rapid decline
Links 11/08/2026: Tensions South of China and Stingy "YouTube Doubles the Eligibility Requirements" (to Get Paid)
Links for the day
The Independent (UK) Today: "Independent candidate Daniel Pocock is concerned about media issues."
Let's see what results say around Friday
Gemini Links 11/08/2026: Stargate, Stargazer, Air-gapped Environments, and SystemVerilog Simulator
Links for the day
The Slop ('Linux') Foundation Celebrates 35 'Linux' Years a Week After GNU/Linux Turns 43
they'll keep on trying to change history
Keumars Afifi-Sabet Produces Useful, Informative Coverage Regarding Privacy
And it's good for Richard Stallman
Confirmed: Microsoft Layoffs in August 2026, Entire Operations Shut Down Too
Microsoft is just bleeding
Paying With Cash in 2026
Cash isn't going away. Not any time soon.
Blocking Tor Is Not a Solution, It's Paranoia
Tor is not a crime
Oligarchs and Their Footsoldiers Are Most Enthusiastically Loud About the Things They're Attacking
Like "Microsoft loves Linux"
FOSSY (SFC) Platforming GAFAM, Sells Endorsement
Houston, we have a problem here
Not Allowing Misogyny and Misogynists to Run the World
We stand with (and for) equality, justice, and freedom
"SPONSORED EXPLAINER" at The Register MS is Just More SPAM "Sponsored by HPE."
This is a great example of crap 'journalism'
IBM Won't Hire (or Hardly Hire) This Year
IBM is bluffing with buzzwords while shrinking out of existence and reducing salaries
SLAPP Censorship - Part 146 Out of 200: An Industry of Plagiarism, 'Normalised'
they pursue personal enrichment by stealing from Free software developers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, August 10, 2026
IRC logs for Monday, August 10, 2026
5.1k Capsules Known to Lupa, Gemini Protocol Crawler
If no limits (e.g. 10k max per capsule) were imposed on crawling, there would likely be millions of pages in the database
Gemini Links 11/08/2026: Waking Up Earlier, Whining About LLMs as Destructive Plagiarism
Links for the day
Links 11/08/2026: "The Enemy Is the Platform" and 'Vibe' 'Coding' Shown to be Little But Plagiarism
Links for the day